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MATTER OF SPLAIN v. DIXON

3 Misc.2d 965 (1956)

In the Matter of John Splain, as a Member of the Democratic County Committee of the County of Queens and Candidate for Election as Executive Member of the Democratic Executive Committee of Queens County, Petitioner, v. James L. Dixon, Individually and as Chairman of the Democratic County Committee of Queens County, et al., Respondents. In the Matter of T. Marcellus Murphy, Petitioner, v. James L. Dixon et al., Respondents. Christopher J. Gorman et al., Plaintiffs, v. James L. Dixon, Individually and as Chairman of the Democratic County Committee of Queens County, et al., Defendants.

Supreme Court, Special Term, Queens County.

July 18, 1956.

Attorney(s) appearing for the Case

Vincent J. O'Reilly for John Splain, petitioner.

David A. Fay for T. Marcellus Murphy, petitioner.

Joseph Leder for Christopher J. Gorman and others, plaintiffs.

Murray Stockman and Joseph M. Lonergan for respondents and defendants.

DAVID KUSNETZ, J.

At the organization meeting of the county committee of the Democratic party of the County of Queens held on June 20, 1956, that body by majority vote duly adopted its rules, pursuant to the provisions of section 15 of the Election Law. Paragraph (a) of subdivision 2 of rule VII of such rules provides as follows:

"2. In 1956 only, the Executive Committee shall consist of twenty-seven...

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